[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3256 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3256
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve accountability of disaster contracts, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Mr. Scott of Florida (for himself and Mr. Lankford) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve accountability of disaster contracts, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Contract Transparency Act
of 2021''.
SEC. 2. DEBRIS REMOVAL CONTRACT OVERSIGHT.
(a) In General.--Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by
adding at the end the following:
``SEC. 431. PUBLIC ASSISTANCE GRANT PROGRAM ELIGIBILITY AND OVERSIGHT
FOR DEBRIS REMOVAL.
``(a) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
the Federal Emergency Management Agency;
``(2) the term `Agency' means the Federal Emergency
Management Agency;
``(3) the term `covered State' means a State for which a
major disaster or emergency was declared under this Act during
the 5-year period preceding the date on which the State
requests assistance for debris removal under the public
assistance grant program;
``(4) the term `covered unit of local government' means a
unit of local government for which a major disaster or
emergency was declared under this Act during the 5-year period
preceding the date on which the State requests assistance for
debris removal under the public assistance grant program; and
``(5) the term `public assistance grant program' means the
public assistance grant program authorized under sections 403,
406, 407, 418, 419, 428, and 502(a).
``(b) Eligibility.--
``(1) In general.--
``(A) Advance contact required.--Except as provided
in subparagraph (B), a covered State or covered unit of
local government shall not be eligible for assistance
for debris removal under the public assistance grant
program, including direct Federal assistance for debris
removal provided by the Corps of Engineers, unless the
covered State or covered unit of local government has
in effect, prior to the major disaster or emergency
declaration under this Act for which the covered State
or covered unit of local government is seeking debris
removal assistance, an advance contract for debris
removal services that collectively provides adequate
coverage, as determined by the Administrator, for
debris removal for the entire State.
``(B) Grace period.--Subparagraph (A) shall not
apply during the 1-year period beginning on the date on
which a State or unit of local government becomes a
covered State or covered unit of local government.
``(2) Reporting.--For purposes of determining eligibility
under paragraph (1), each covered State shall submit, on an
annual basis, a report to the Administrator on all advanced
contracts in effect for the covered State or covered units of
local government within the State, including, for each advanced
contract--
``(A) the name of the contractor;
``(B) the contract terms and conditions;
``(C) the reimbursement rates;
``(D) verification and oversight agreements;
``(E) geographic coverage of the contract;
``(F) capacity of contractor; and
``(G) debris removal assets owned by the
contractor.
``(c) Reimbursement of Debris Removal Contracts.--With respect to
reimbursing advance contracts for debris removal services described in
subsection (b), the Administrator shall reimburse for such services at
the lower of--
``(1) the rate of the Federal contract, if any;
``(2) the rate of the State advance contract, if any; or
``(3) the rate of the unit of local government advance
contract.
``(d) Penalties for Contractors.--
``(1) In general.--Except as provided in paragraph (3), any
contractor who breaches or otherwise fails to honor an advance
contract for debris removal service entered into with a State
or unit of local government shall not be eligible for any
Federal reimbursement funds for debris removal services for not
less than 10 years after the date on which the advance contract
is breached.
``(2) Determination of breach.--A determination of whether
an advance contract for debris removal service is breached or
otherwise not honored under paragraph (1) shall be made by a
court of competent jurisdiction.
``(3) Waiver of penalty.--The Administrator may waive
paragraph (1) if the Administrator determines such waiver is
necessary due to--
``(A) a labor or supply shortage; or
``(B) no alternative contractors being available to
perform the necessary services.
``(e) Oversight.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall develop
and implement guidance and procedures, including clear and
unambiguous rules, with respect to the oversight of debris
removal contracts entered into under the public assistance
grant program, including, at a minimum--
``(A) a requirement that--
``(i) all States and units of local
government receiving debris removal assistance
under the public assistance grant program take
the primary role in the oversight function of
debris removal; and
``(ii) the Agency shall verify compliance
with the requirements of this section and any
regulations promulgated under this section;
``(B) guidance for State and local debris monitors
regarding debris removal operations, debris operations
oversight, and contractor oversight, including
contractor monitoring;
``(C) checklists, job aids, eligibility
requirements, contract requirements, debris management
planning guidance, and other items, as determined
necessary by the Administrator, for State and local
debris monitors;
``(D) guidance for State and local debris monitors
on how to ensure that subgrant recipients meet the
grant requirements and eligibility criteria for the
public assistance grant program under which the grant
was awarded in all areas of the debris removal
operation;
``(E) a list of the specific debris removal
monitoring responsibilities expected to be completed by
a State for which a public assistance grant program
grant is awarded; and
``(F) a list of the specific debris removal
monitoring responsibilities expected to be completed by
recipients of a subgrant of a grant from a public
assistance grant program.
``(2) Review and update of guidance and procedures.--The
Administrator shall review and update the guidance and
procedures required under paragraph (1) as appropriate, but not
less frequently than once every 3 years.
``(3) Requirements.--
``(A) In general.--In developing the guidance and
procedures required under paragraph (1), the
Administrator shall--
``(i) except as provided in subparagraph
(B), require that not later than 45 days after
a grant is awarded under the public assistance
grant program for debris removal, and once
every 45 days thereafter for the duration of
the grant, the State shall submit a report to
the Administrator on the progress of the debris
removal; and
``(ii) ensure that oversight of debris
removal operations can be accomplished in all
units of local government of a State in which
debris removal operations are being carried
out, such as through real-time reporting on
operations.
``(B) Waiver of reporting requirement.--The
Administrator may waive the reporting requirement
described in subparagraph (A)(i), if the Administrator
determines, on a case-by-case basis, that such
reporting requirement would negatively impact disaster
recovery efforts.
``(f) Training.--The Administrator shall provide training on
appropriate debris removal guidance and procedures to--
``(1) Agency debris monitors; and
``(2) appropriate State and private entities.
``(g) Field Presence of Federal Coordinating Officers.--
``(1) In general.--The Administrator shall develop a
documented risk-based approach for grants awarded under the
public assistance grant program that Federal coordinating
officers appointed under section 302 can use to determine
appropriate cost-effective field presence required for debris
removal oversight.
``(2) Verifying debris amounts and reimbursement.--
``(A) In general.--The Administrator shall require
that any entity applying for debris removal assistance
under the public assistance grant program shall, as
part of the assistance application, enter into a debris
removal monitoring contract to conduct oversight and
verification of debris removal by contractors, which
shall require that one of the verification methods
approved by the Administrator under subparagraph (B) be
used to conduct the oversight and verification.
``(B) Verification methods.--For purposes of
subparagraph (A), the Administrator shall, on an annual
basis, develop and publish a list of approved
verification methods, which may include--
``(i) a digital photograph of each load of
debris to validate load tickets;
``(ii) a digital photograph of each truck
used to haul debris to verify truck
certifications; and
``(iii) measurements of debris piles and
mulch piles for comparison and verification
against a photograph described in clauses (i)
and (ii).
``(3) Penalties for inaccurate accounting of debris removal
amounts.--Any discrepancy between the reported amount of debris
collected by a contractor and the verified amount, as
determined using an approved verification method under
paragraph (2)(B), shall incur a penalty at 2 times the
reimbursement rate of the documented discrepancy.''.
(b) Advance Contracting.--Section 691 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 791) is amended--
(1) in subsection (b), by adding at the end the following:
``(5) Additional contracts.--If it is determined under
subsection (e)(2) that an advanced contract is needed for a
good or service described in such subsection, the Administrator
shall, to the greatest extent possible, enter into 1 or more
advance contracts for that good or service.
``(6) Priority.--To the greatest extent possible, the
Administrator shall use advance contracts for goods and
services before making new post-disaster contract awards for
the same or similar goods and services.''; and
(2) by adding at the end the following:
``(e) Annual Reports.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall submit to the
appropriate committees of Congress a report on advanced contracts that
contains--
``(1) a comprehensive list of advance contracts in effect
as of the date the report, which shall include--
``(A) the contracting entity;
``(B) the award amount;
``(C) the good or service being provided under the
contract; and
``(D) the duration of the contract; and
``(2) a review of the need for advance contracts that may
be lacking as of the date of the report for--
``(A) debris removal services;
``(B) prefabricated and portable buildings;
``(C) inspection services;
``(D) installation of power transmission equipment;
and
``(E) other goods and services determined by the
Administrator to be appropriate for advance
contracts.''.
(c) Effective Date.--Subsections (b) and (c) of section 431 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
added by subsection (a) of this section, shall not take effect until
the date that is 1 year after the date of enactment of this Act.
<all>